Posted by Bill H on November 18, 2010 at 13:41:58:
The IRS does indeed have a 120 day ROR for the tax sale.
Hang on and let it expire or ask them for a release before you start any other actions,
Good Luck,
Bill H
How does IRS lien on heir’s asset affect house - Posted by Abdenour
Posted by Abdenour on November 16, 2010 at 13:59:21:
I plan to ask an attorney about this, but wanted to run
it through this forum first. Here is the situation.
Calvin and Peola died before 1998. A probate was opened
in 1997. It had 5 beneficiaries, including Janet. A
house that belonged to Calvin and Peola remained the
property of the probate estate since 1997. Now, that
house is mine, through foreclosure on a tax lien
certificate two months ago.
In June 2010, the IRS filed a tax lien against Janet
(one of the beneficiaries). Did that tax lien attach to
the house that belonged to the probate estate ?
Abdenour
Re: How does IRS lien on heir’s asset affect house - Posted by Rick the Probate Guy
Posted by Rick the Probate Guy on November 16, 2010 at 18:58:14:
Probably not, if the asset had not been distributed yet.
Since you are purchasing a county property tax lien certificate, which is generally senior to all other lienors’ claims, your concern becomes moot issue since junior liens would be wiped off title.
I guess the IRS’ 120 day R.O.R. would still apply, but very unlikely that they’ll make a play for any interest inuring to the heir.
Suggest in future, post which State your R E law questions are concerned with.
Re: How does IRS lien on heir’s asset affect house - Posted by Abdenour
Posted by Abdenour on November 16, 2010 at 19:03:50:
Thanks Rick. After I posted the question, I called the
IRS, and they basically said the same thing. For some
reason, the IRS tax lien showed up in the title search,
so I did notify the IRS during the property tax lien
foreclosure process. I just realized today that it was
the heir who owed money to the IRS.
Abdenour